Grand chil dren and B. Each of the grand children, if there shall be no children, in like manner shall receive such share as he or she would have received, if all the other grand children who great grand shall then be dead, leaving issue, had been living at the children, &c. death of the intestate, and so in like manner to the remotest degree. C. In every such case, the issue of such deceased child, grand child or other descendant, shall take, by representa- Interest of tion of their parents respectively, such share only as would deceased have descended to such parent, if they had been living at the death of the intestate. childs issue. father and mother. SECT. 3. In default of issue as aforesaid, and subject also as aforesaid to the estates and interests herein before given Interest of to the widow or surviving husband, if any, the real estate shall go to the father and mother of such intestate, during their joint lives, and the life of the survivor of them; and the personal estate not otherwise herein before disposed of, shall be vested in them absolutely, or if either the father or mother be dead at the time of the death of the intestate, the parent surviving such intestate shall enjoy such real estate during his or her life, and such personal estate absolutely. SECT. 4. In default of issue as aforesaid, and subject to Interest of the estates and interests herein before given to the widow or brothers and surviving husband, father and mother, of the intestate, if any, sisters, and the real estate shall descend to, and the personal estate not their descenotherwise herein before disposed of, shall be distributed dants. among the collateral heirs and kindred of such intestate, according to the following rules and order of succession, viz: I. If such intestate shall leave brothers and sisters or either of the whole blood, and no nephew or niece being the Brothers and issue of a deceased brother or sister of the whole blood, the sisters of the real estate shall descend to and vest in such brothers and whole blood. sisters. II. If such intestate shall leave neither brother nor sister Children of of the whole blood, but nephews or nieces being the children such brothers of such deceased brother or sister, the real estate shall de- and sisters scend to and vest in such nephews and nieces. III. If such intestate shall leave brothers or sisters of the deceased. sisters of whole blood, and also nephews or nieces being the children Brothers and of any such deceased brother or sister, the real estate shall whole blood, descend to and vest in such brothers and sisters and nephews and children and nieces, as follows, viz: Every such brother and sister of such shall receive such share as he or she would have received, if deceased. all the brothers and sisters who shall then be dead, leaving children, had been living at the death of the intestate, and such nephews and nieces, shall take by representation of their parents respectively, such share only as would have descended to such parents if they had been living, at the death of the intestate. Other de. IV. If such intestate shall leave neither brother nor scendants of sister of the whole blood, nor any nephew or niece, being such brother the child of such deceased brother or sister, the real estate or sister, dec. shall descend to and vest in the next of kin of such intestate, being the descendants of his brothers and sisters of the whole blood. Personal estate, brothers and V. The personal estate of such intestate not otherwise hereinbefore disposed of, shall in the several cases mentioned in this section, be distributed among the brothers and sisters of the intestate, and their issue in like manner in each sisters, &c. of of the said cases as is provided for the descent and division whole & half of the real estate of the intestate, but without any distinction of blood. blood. In default of persons enti SECT. 5. In default of issue, and brothers and sisters of the whole blood and their descendants as aforesaid, and sub. tled to real ject to the estates and interests herein before given to the widow or surviving husband, if any, the real estate shall go to and be vested in the father or mother of the intestate, or if Same to go to both be living at the time of his death, in the father and mother for such estate as the said intestate had therein. estate as before. father and mother. SECT. 6. In default of issue and brothers and sisters of the In default of whole blood and their descendants, and also of father and such, real estate to go mother, competent by this act, to take an estate of inheriso brothers & tance therein, the real estate of such intestate, subject to sisters of half the life estates hereinbefore given, if any shall descend to blood, &e. and be vested in the brothers and sisters of the half blood of the intestate and their issue in like manner respectively, as is hereinbefore provided for the cases of brothers and sisters of the whole blood and their issue. Then the SECT. 7. In default of all persons hereinbefore described, next of kin. the real and personal estate of the intestate shall descend to and be distributed among the next of kin to such intestate. Representa. SECT. 8. Provided, That there shall be no representation tion amongst admitted amongst collaterals after brothers' and sisters' chilcollaterals dren. limited. SECT. 9. Provided also, That no person who is not of the Inheritance blood of the ancestors or other relations from whom any real of real estate estate descended, or by whom it was given or devised to the to persons of the blood of intestate, shall in any of the cases before mentioned, take the ancestors. any estate of inheritance therein, but such real estate subject to such life estates as may be in existence by virtue of this act, shall pass to and vest in such other persons as would be entitled by this act, if the persons not of the blood of such ancestor or other relation had never existed, or were dead at the decease of the intestate. When the SECT. 10. In default of known heirs or kindred competent surviving as aforesaid, the real estate of such intestate shall be veshusband or wife takes the ted in his widow, or if such intestate were a married woman, whole estate. in her surviving husband for such estate as the intestate had therein, and in such case the widow shall be entitled to the whole of the personal estate absolutely. SEOT. 11. And whereas it is the true intent and meaning of this act, that the heir at common law shall not take General proin any case to the exclusion of other heirs and kindred stan- vision for ding in the same degree of consanguinity with him, to the cases not particularly intestate, it is hereby declared that in every case which may mentioned. arise, not expressly provided for by this act, the real as well as the personal estate of an intestate shall pass to, and be enjoyed by the next of kin of such intestate, without regard to the ancestor or other relation from whom such estate may have come. per SEOT. 12. In default ofall such known heirs, or kindred, Of escheats to Commonw'th widow or surviving husband as aforesaid, the real and sonal estate of such intestate shall go to and be vested in the commonwealth by escheat. SECT. 13. Descendants and relatives of an intestate, be- Posthumous gotten before his death and born thereafter, shall in all cases relations. inherit and take in like manner, as if they had been born in the lifetime of such intestate. SECT. 14. Wherever by the provisions of this act, it is direct- General rule ed that real or personal estate shall descend to, or be distri- of division in buted among several persons whether lineal or collateral the same deheirs or kindred standing in the same degree of consanguini-gree. ty to the intestate, if there shall be only one of such degree he shall take the whole of such estate, and if there be more than one, they shall take in equal shares and if real estate shall hold the same as tenants in common. SECT. 15. The shares of the estate directed by this act to Widow's be allotted to the widow, shall be in lieu and full satisfaction share in lieu of dower. of her dower at common law. Children who have had advances made, SECT. 16. If any child of an intestate shall have any estate by settlement of such intestate or shall have been advanced by him in his lifetime, either in real or personal es. tate to an amount or value equal to the share which shall be to receive reallotted to each of the other children of such intestate, such duced shares child shall have no share of the real or personal estate of accordingly. such intestate, and if such settlement or advancement be to an amount or value less than the share to which he would otherwise be entitled, if no such advancement had been made, then so much only of the real and personal estate of such intestate shall be allotted to such child, as shall make the estate of all the said children to be equal as near as can be estimated. SEOT. 17. The provisions of this act relative to descent Illegitimate and distribution of real and personal estate among the de- descendants scendants and collateral relations of intestates shall be con- excluded. strued to mean such persons only as may have been born in lawful wedlock. Residue of SECT 18. The residue of the proceeds of the sale of any proceeds of real estate of an intestate made, by authority of law for sales for pay the payment of debts, shall vest in the persons entitled by ment of debis this act to such real estate in such proportions, and for the like interests respectively as they may have had in such real to be considered as real estate. an intestate seven years. estate. SECT. 19. All such of the intestate's relations and perClaimants to sons concerned, who shall not lay legal claim to their respecthe estate of tive shares, within seven years after the decease of the indebarred after testate, shall be debarred from the same forever: Provided, That if any such relation or person, shall at the time of the decease of the intestate, be within the age of twenty one years, or a married woman he or she, shall be entitled to receive and recover the same, if he or she shall lay legal claim thereto, within seven years after coming to full age or discoverture. SECT. 20. Nothing in this act contained relative to a Where domi distribution of personal estate among kindred, shall be concil of intestate strued to extend to the personal estate of an intestate, whose domicil at the time of his death was out of this commonwealth. is out of the state. on 1st Oct. SECT. 21. This act shall take effect from and after the This act to go first day of October next, and so much of any act of Asseminto operation bly as is hereby altered or supplied, is repealed from and after said day, except so far as inay be necessary to complete the settlement and disposition of the estate of any person who may have died before that time. 1833. Repealing clause, &c. SAM'L. ANDERSON, Speaker of the House of Representatives. THO'S. RINGLAND, Speaker of the Senate. GEO. WOLF. APPROVED-The eighth day of April, Anno Domini, eighteen hundred and thirty-three. 漿 No. 144. AN ACT To incorporate the town of Freeport, in the county of Armstrong. SECT 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania, in General Assembly mel, and it is hereby enacted by the authority of the same, That the town of Freeport, in the county of Armrough. strong, shall be and the same is hereby erected into a borough, Corpor, style, which shall be called the Borough of Freeport," and be Town erected into a bo comprised within the following boundaries, to wit: beginning on the bank of the Allegheny at the mouth of Buffaloe creek, Borough at a chesnut; thence up said river north seventy-four de boundaries, grees, east one hundred and twenty perches to the mouth of the eddy opposite said town; thence up said river north fifty-three degrees, east sixty seven perches to the corner of Thomas Robinson's survey; thence north nineteen degrees, west fifty-four and three-tenths perches to an oak on the land of James Armstrong; thence north seventy-seven degrees, west sixty six and seven-tenths perches to a white oak on said land; thence south seventy-two and a half degrees, west seventy four and two-tenths perches to a black oak on the bank of Buffaloe creek; thence down said creek south twenty-eight degrees, west forty-four and six tenths perches to a chesnut; thence down the same south twenty degrees, west eighteen and seven-tenths perches; thence south twelve degrees, west forty-seven perches to a maple; thence south one degree, east twenty four and seven-tenths perches to the cast abutment of the aqueduct over said creek; thence south forty-nine degrees, east twenty two perches to the place of beginning: Provided, That this act shall not be consid- Proviso. ered as giving any jurisdiction or authority whatever to the Except juris borough of Freeport in and upon the Pennsylvania canal and diction upon its appurtenances. canal. SECT. 2. And be it further enacted by the authority aforesaid, That it shall and may be lawful for all persons entitled Organization to vote for members of the Legislature, who have resided in of corpora the said borough six months previously to such election, to tion. meet at the public school house in said borough, on the first Friday in May next, and then and there elect by ballot, between the hours of twelve and six of said day, one reputa Election in ble citizen residing therein, who shall be styled the burgess May, 1833, of burgesses and of said borough, one citizen who shall be styled assistant council. burgess, and six citizens residing therein, who shall be a town council; but previous to such election, the inhabitants shall elect two reputable citizens as judges, one as inspector and two as clerks of the said election, which shall be conducted and regulated according to the general election Jaw of this Arrangement commonwealth, so far as relates to receiving and counting for conduct votes, and who shall be subject to the same penalties for of election. mal-practices as by the said law is imposed; and the said judges, inspector and clerks, before they enter on the duties of their offices, shall each take an oath or affirmation, before any justice of the peace of said county, to perform the same with fidelity, and after the said election shall be closed, shall declare the person having the greatest number of votes to be duly elected, and in case any two or more candidates shall have an equal number of votes, the preference shall be determined by lot, to be drawn by the judges and inspector, whereupon duplicate returns thereof shall be signed by the |